[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Junk and rubbish — See Ch. 109.
[Adopted 6-9-1986 by Ord. No. 3-1986 (Ch. 20, Part 1, of
the 1998 Code of Ordinances)]
This article shall be known as the "Potter Township Municipal
Solid Waste Ordinance."
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section. Unless the context indicates otherwise,
the masculine shall include the feminine and neuter, and the singular
shall include the plural.
A person applying for authorization as a collector.
A person authorized by Potter Township to collect, transport
and dispose of municipal waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters and the like.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or onto the land or water
in any manner such that the waste or a constituent of the waste enters
the environment, is emitted into the air, or is discharged into the
water of the commonwealth.
Any site, facility, location, area or premises to be used
for the disposal of municipal wastes.
All animal and vegetable waste attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods, whether for an individual or group, private or commercial.
Any establishment engaged primarily in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
Any establishment engaged primarily in service to persons,
including, but not limited to, hospitals, nursing homes, orphanages,
schools and universities.
The entire process or any part thereof of storage, collection,
transportation, processing, treatment and disposal of municipal wastes
by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial, industrial and institutional establishments and from community
activities and any sludge not meeting the definition of residual or
hazardous waste from a municipal, commercial, industrial or institutional
water supply treatment plant, wastewater treatment plant or air-pollution-control
facility. (Pennsylvania Solid Waste Management Act 97, Section 103.[1])
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government institution
or agency, state government institution or agency or any other legal
entity whatsoever which is recognized by law as being subject to the
rights and duties of an individual and subject to this article.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert all or
part of such waste material for off-site reuse. Processing facilities
shall include, but not be limited to, transfer facilities, composting
facilities, incinerators, recycling facilities and resource-recovery
facilities.
The collective term applying to all garbage, rubbish, ashes,
leaves, branches, grass and trimmings from residential, municipal,
commercial, institutional or industrial premises.
At least three or more times per month.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes including solid, liquid, semisolid, contained
gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste for
a time period in excess of one year constitutes disposal.
The Township of Potter, County of Centre, Commonwealth of
Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from the Township.
[1]
Editor's Note: See 35 P.S. § 6018.103.
A.Â
Generally. It shall be the duty of every owner of property and every
person occupying any dwelling unit, premises or place of business
within the Township of Potter where municipal waste is produced and
accumulated, by his own expense and costs, to provide and keep at
all times a sufficient number of containers to hold all municipal
wastes which may accumulate during the intervals between collection
of such waste by an authorized collector.
B.Â
Storage on residential properties.
(1)Â
Containers. All municipal waste accumulated by owners of each property
and/or the occupants of residential properties shall be placed in
containers for collection by an authorized collector. The containers
shall be durable, watertight and made of metal or plastic. The size
of each container shall not exceed thirty-gallon capacity.
(2)Â
Location of containers. Each municipal waste container shall be located
so as to be accessible to the collector at ground level and at a point
on the curbline of the street or within no less than 10 feet of the
public street or alley right-of-way from which collection from a vehicle
can be made. Failure to place containers at such locations may result
in discontinuance of service.
C.Â
Storage on commercial, institutional and industrial properties.
(1)Â
Containers. Storage of municipal waste on institutional and industrial
properties shall be done in the same type of containers as are required
for residential properties except where the accumulation for each
commercial, institutional or industrial property precludes their use,
in which case such owner or occupant shall make special arrangements
with the authorized collector for the storing of such additional quantities.
Special arrangements shall include the following:
(a)Â
The type of special bulk container to be furnished by the collector
as may be approved by the Township (by resolution).
(b)Â
The number of such containers as shall be agreed to between
the collector and such owner or occupant of the commercial, institutional
or industrial property to be used in any collection period.
(2)Â
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on such premises
at such place as shall be agreed upon by such owner or occupant of
the commercial, institutional or industrial property and the authorized
collector and shall not be unsatisfactory to the Township. Such location
shall not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways or entrances and exits of public and private
buildings.
Only those persons duly authorized and licensed as required
by state law shall be permitted to collect and transport solid waste
or operate as haulers within the Township.
Any person transporting solid waste within the Township shall
prevent spillage from vehicles or containers used in the transport
of such solid waste. Should spillage occur, the person shall remedy
and clean up the same promptly. Failure to do so shall be considered
a violation of this article.
A.Â
Transport to designated facilities. All municipal waste collected
and transported from within the jurisdictional limits of the Township
shall be, to the extent permitted by law, disposed of at disposal
facilities designated by the Township and in accordance with any currently
effective solid waste management plan of the Township and Centre County.
In the absence of such designated facilities and/or such currently
effective solid waste management plan of the Township and Centre County,
the Township reserves the right to designate a state-permitted facility
of its choice or to require that disposal be at a state-permitted
facility of the authorized collector's choice.
B.Â
Designated facilities. If the Township designates the disposal facilities
as provided for above, all authorized collectors and other interested
persons shall be informed by the Township of the location and other
information pertaining to the designated disposal facilities to be
used for the disposal of municipal waste collected, transported, removed
and disposed of from within the Township.
A.Â
Personal hauling. Nothing contained herein shall be deemed to prohibit
any person not regularly engaged in the business of collecting municipal
waste from hauling his own municipal waste on an irregular and unscheduled
basis to a state-permitted disposal facility.
B.Â
Farm exemption. Nothing contained herein shall prohibit a farmer
from carrying out the normal activities of his farming operation,
including the composting and spreading of manure or other farm-produced
agricultural wastes.
C.Â
Hazardous and residual wastes exempted. The provisions of this article
do not apply to anything but the storage, collection, transportation
and disposal of municipal waste and do not apply, therefore, to hazardous
or residual wastes as defined by the Pennsylvania Solid Waste Management
Act.
[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]
A.Â
Penalties. Any person, firm or corporation who shall violate any
provision of this article, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
B.Â
Additional remedies; cleanup. In addition to the foregoing penalty,
the Township may require the owner or occupant of a property to remove
any accumulation of solid waste, and should said person fail to remove
such solid waste within 10 days following written notice, the Township
may cause such solid waste to be collected and disposed of with all
the costs of such actions to be charged to the owner or occupant of
the property in the manner provided by law.
C.Â
All other remedies reserved. The Township further reserves the right
to bring such actions, in law or equity, against the collector, the
property owner or occupant as are provided for by law, in addition
to all other remedies hereunder.
A.Â
RECYCLABLES
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes the following materials: aluminum cans and articles,
bimetal cans, glass containers, corrugated paper (cardboard and paper
bags), magazines, computer printout paper, computer tab cards, office
paper, steel cans, newspaper, paper products not chemically coated,
selected organic yard wastes and other materials as designated by
the Township (from time to time, by resolution) as having recyclable
value.
B.Â
Generally. Those recyclables separated for purposes of materials
recovery rather than disposal by a designated agent of the Township
shall not be considered as solid waste as defined under this article
and shall not be subject to the provisions of this article which require
disposal of such wastes at facilities designated by the Township.
C.Â
Collection. Recyclables may be collected only by a designated agent
of the Township and shall be subject to the same licensing and permitting
regulations set forth herein for authorized collectors.
D.Â
Designated agents. Designated agents for recyclables under this article
may include, but are not limited to, the following: scouts, volunteer
and nonprofit organizations, secondary materials dealers, private
solid waste haulers and others as deemed appropriate by the Township.
The Township may require registration of designated agents and information
and requirements with regard to the quantity and type of recyclables,
the days of collection, geographic area and other matters, as appropriate.[1]
E.Â
Unauthorized collection. It shall be a violation of this article
for any person not designated by the Township to collect or pick up
or cause to be collected or picked up any recyclables set out for
collection by a designated agent for such recyclables. Any and each
such collection in violation thereof from one or more premises shall
constitute a separate and distinct offense, punishable as herein provided.
[Amended 3-16-1998 by Ord. No. 2-1998]
Subordinate to other laws. This article shall be subject to
all applicable federal, state and local laws, ordinances, rules and
regulations, including the rules and regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
